Kevin Dixon v. Cook County, Illinois
2016 U.S. App. LEXIS 6459
| 7th Cir. | 2016Background
- Kevin Dixon was detained in Cook County jail (Sept 2008); developed severe back/abdominal pain and a paratracheal mass was identified by CT in December 2008.
- Jail medical staff repeatedly treated or labeled him as malingering, provided only over-the-counter analgesics, and ordered psychiatric evaluation despite progressive neurologic decline and scans showing likely malignant neoplasm with probable spinal involvement.
- Dixon experienced progressive paralysis, incontinence, pressure sores, and was finally transferred to Stroger Hospital on January 5, 2009; he died March 4, 2009 of lung cancer.
- Lula Dixon (estate administrator) sued under 42 U.S.C. § 1983 (deliberate indifference in violation of Eighth/Fourteenth Amendments) against Cook County, Dr. Bonaparte, and Nurse Eboigbe; also asserted state-law intentional infliction of emotional distress claims.
- District court dismissed claims against the individual defendants under Rule 12(b)(6) and granted summary judgment to Cook County; the Seventh Circuit reversed in part and remanded.
- The Seventh Circuit held there were triable Monell issues based on systemic record-keeping failures and allowed the deliberate-indifference claims against Dr. Bonaparte and Nurse Eboigbe to proceed (vacating dismissal/summary judgment); remanded state-law claims for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell municipal liability for policies causing delayed care | County records policy (paper/electronic disconnect; poor access) caused systemic failures and was the moving force behind delayed palliative care | County argued no policy or causation linking records practices to constitutional injury | Reversed summary judgment: triable fact issues exist that systemic records failures could be the moving force behind injury |
| Deliberate indifference by Dr. Bonaparte | She knew of tumor/available information, yet discharged Dixon, limited pain meds, ordered psych consult, and removed wheelchair | Defendants argued no culpable state of mind; possible lack of access to records excused actions | Pleaded facts plausible to survive 12(b)(6); claim proceeds to development |
| Deliberate indifference by Nurse Eboigbe | He was informed Dec 30 of severe symptoms (fall, paralysis, incontinence) and did nothing (no doctor consult or emergency aid) | Defendants argued allegations insufficient to show subjective deliberate indifference | Allegations sufficiently state a claim; deserves further development (summary-judgment stage) |
| State-law intentional infliction of emotional distress | Conduct was extreme/outrageous given knowledge of Dixon’s severe pain and malingering label | District court previously held standards higher than Eighth Amendment and dismissed these claims | Vacated dismissal; remanded for district court to reassess under Illinois standards (needs proof extreme/outrageous conduct and severe distress) |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs. of the City of New York, 436 U.S. 658 (1978) (municipal liability requires policy or custom as moving force)
- City of Canton v. Harris, 489 U.S. 378 (1989) (municipal liability may arise from policies showing deliberate indifference to training/administration)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard: subjective culpability less than intent to cause harm)
- Greeno v. Daley, 414 F.3d 645 (7th Cir. 2005) (elements for Eighth/Fourteenth Amendment inadequate-medical-care claims)
- Hayes v. Snyder, 546 F.3d 516 (7th Cir. 2008) (conduct may be so inappropriate as to permit inference of intentional or reckless disregard)
- Phelan v. Cook County, 463 F.3d 773 (7th Cir. 2006) (showing pervasive unlawful practice to prove custom/policy)
- Thomas v. Cook County Sheriff’s Dep’t, 604 F.3d 293 (7th Cir. 2010) (Monell claims may be based on gaps in expressed policies)
- Tamayo v. Blagojevich, 526 F.3d 1074 (7th Cir. 2008) (pleading and summary-judgment standard: view facts in plaintiff’s favor)
- Shields v. Ill. Dep’t of Corrections, 746 F.3d 782 (7th Cir. 2014) (summary-judgment review standard)
- Williams v. Liefer, 491 F.3d 710 (7th Cir. 2007) (deliberate indifference claim may lie even where condition is incurable)
- Feltmeier v. Feltmeier, 798 N.E.2d 75 (Ill. 2003) (elements and high threshold for intentional infliction of emotional distress in Illinois)